The Divisional Court has confirmed that Ontario labour arbitrators share concurrent jurisdiction with the Human Rights Tribunal of Ontario (Tribunal) over human rights disputes that arise in a unionized workplace. As reported in our FTR Now of October 6, 2022, in Weilgosh v. London District Catholic School Board, the Tribunal determined it shared jurisdiction with…
Tag: Human Rights Tribunal
Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect
In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…
Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code
In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…
CHRT Seeks Feedback on Rules of Procedure to be Developed Under New Pay Equity Act
The Canadian Human Rights Tribunal (CHRT) is seeking feedback on specific questions related to the development of the Rules of Procedure under the federal Pay Equity Act (Act), which is expected to come into force sometime in 2020.
Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.
Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities
The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…
Andrew Zabrovsky Quoted in the Law Times on Labour Arbitrators Leading Cases on Opioid Addiction
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”
OMHRA Fall ECHO Newsletter Features Two Articles by Jessica Toldo
The Fall 2018 issue of OMHRA’s ECHO newsletter features two articles co-authored by Hicks Morley lawyer Jessica Toldo.
In the article “Considerations for Municipal Employers When Drafting Termination Clauses in Employment Contracts,” Jessica discusses the importance of municipal employers having a clear and well-crafted termination provision to minimize the risk that a reviewing court will find the clause to be unenforceable, should litigation arise and highlight five key considerations when drafting termination clauses in light of some important developments in the case law.
The second article authored by Jessica, “HRTO Determines Requiring Proof of Eligibility to Work in Canada on a Permanent Basis is Discriminatory,” reviews a recent case where the Human Rights Tribunal of Ontario found that a pre-employment ‘permanence requirement’ was discriminatory on the basis of the applicant’s citizenship.
Ontario Human Rights Commission Releases New Policies on Drug and Alcohol Testing and Ableism and Discrimination Based on Disability
The Ontario Human Rights Commission has published updated guidelines on these critical issues – and what it thinks your organization should be doing…
Tribunal Rejects the Johnstone Test for Establishing Family Status Discrimination in New Eldercare Case
In a significant recent decision relating to eldercare accommodation, the Human Rights Tribunal of Ontario (Tribunal) indicated its intention to depart from the test for family status discrimination outlined by the Federal Court of Appeal in Canada (Attorney General) v. Johnstone and Canadian National Railway v. Seeley…